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Pulliam v. State

Court of Criminal Appeals of Tennessee, Jackson

March 29, 2018


          Assigned on Briefs June 6, 2017

          Appeal from the Criminal Court for Shelby County No. 94-01152 John Wheeler Campbell, Judge

         Petitioner, Terrance Pulliam, appeals from the summary dismissal of his second petition for writ of error coram nobis. He contends that the coram nobis court erred in dismissing his petition as time-barred. Upon review, we affirm the judgment of the coram nobis court.

         Tenn. R. App. P. 3 Appeal as of Right; Judgment of the Criminal Court Affirmed

          Paul K. Guibao, Memphis, Tennessee, for the appellant, Terrance Pulliam.

          Herbert H. Slatery III, Attorney General and Reporter; Courtney N. Orr, Assistant Attorney General; Amy P. Weirich, District Attorney General; and Kirby May, Assistant District Attorney General, for the appellee, State of Tennessee.

          Thomas T. Woodall, P.J., delivered the opinion of the court, in which Norma McGee Ogle and Robert W. Wedemeyer, JJ., joined.



         Procedural history

         In 1995, Petitioner was convicted by a jury of premeditated first degree murder and sentenced to life imprisonment. State v. Pulliam, 950 S.W.2d 360, 361 (Tenn. Crim. App. 1996). In this court's opinion affirming Petitioner's conviction on direct appeal, we summarized the facts underlying his conviction, in part, as follows:

The conflict between [Petitioner] and Lee Franklin began in July, 1992, when [Petitioner] shot Franklin's brother. Following this incident, according to the State's witnesses, Franklin and [Petitioner] occasionally engaged in verbal altercations. On October 2, 1993, at approximately 12:45 a.m., Franklin, his cousin Cameron Aldridge, and a friend Robert Barr, went to Club Memphis to socialize and dance. None of the group drank while at Club Memphis, as the Club does not serve alcohol to those under twenty-one. The group left the Club at approximately 3:20 a.m. to return home. As they entered the parking lot, they encountered another acquaintance, Christopher Body. Body informed Lee Franklin that he had seen [Petitioner] in the parking lot. At this point, Aldridge got into Body's car. Body then circled the parking lot and backed his car into a space adjacent to Franklin's Ford Bronco. The Ford Bronco was parked facing the sidewalk and the street. Franklin and Barr walked toward the Bronco. Barr noticed that the front passenger window of the Bronco had been broken while the group had been inside the Club. As he and Franklin approached the Bronco, [Petitioner's] car hit Franklin at an approximate speed of 30 to 40 miles per hour. [Petitioner] then jumped from his car and fired his gun approximately three times in Franklin's direction. Barr testified that the gun was "some kind of like a black automatic - like a little automatic .25 - anywhere from .25-.32 automatic; something like that." Franklin attempted to run, but fell to the grass in front of his Bronco and rolled onto the sidewalk. [Petitioner] drove out of the parking lot and turned onto the street in front of the Bronco. At this point, Franklin indicated to Robert Barr that he had been shot. Robert Barr testified, "So when [Franklin] said 'I been shot' that's when [Petitioner] stops in the middle of the street, comes, like, over to the passenger's side [of his vehicle], aims out, shoots again." Cameron Aldridge testified that, as [Petitioner] shot at Franklin a second time, he said, "If I didn't get you this time, I got you this time, boy." According to the State's witnesses, neither Franklin nor his companions were armed.

Pulliam, 950 S.W.2d at 362.

         Petitioner subsequently filed a petition for post-conviction relief alleging ineffective assistance of counsel. Terrance Pulliam v. State, No. W1999-00277-CCA-R3-PC, 2000 WL 1285329, at *1 (Tenn. Crim. App. Aug. 30, 2000), perm. app. denied (Tenn. Feb. 12, 2001). The post-conviction court denied relief, and a panel of this court affirmed the denial. Id.

         On November 15, 2001, Petitioner filed a petition for writ of error coram nobis alleging that he had met an inmate, Redonna Hanna, who revealed he was with the victim at the time of the offense and that the inmate had "signed an affidavit attesting to certain material facts that are contrary to the testimony of three of the State's witnesses." In an order entered pursuant to Rule 20 of the Rules of the Court of Criminal Appeals, a panel of this court affirmed the denial of Petitioner's writ. Terrance Pulliam v. State, No. W2002-00128-CA-R3-CO (Tenn. Crim. App. July 23, 2002) (order). The panel concluded that the writ was untimely and found that Hanna's testimony would "merely ...

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